Portales City Council Minutes September 15, 2020

TABLE OF CONTENTS FOR REGULAR COUNCIL MEETING HELD SEPTEMBER 15, 2020:
(A) Minutes of Previous Meeting(s):
1. Regular Meeting held September 1, 2020.
(B) Proclamation Declaring September 17 – 23, 2020 as “Constitution Week in Portales, New Mexico“—El
Portal Chapter of the National Society of the Daughters of the American Revolution.
(C) Proclamation Declaring October 4 – 10, 2020 as “Fire Prevention Week in Portales, New Mexico.”
(D) Ratification of Finance Department’s Actions on Bills for August 2020.
(E) Approval of Joint Powers Agreement (JPA) Ute Reservoir Water Commission.
(F) Resolution #20-21-10, Adopting the FY 2022-2026 Infrastructure Capital Improvements Plan (ICIP).
(G) Request for Approval to Delete Police Department Elapsed Records in Accordance with Resolution #18-
19-21, Municipal Clerks Record Retention Policy.
(H) Other Business/Citizens to be Heard.
THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session held with Mayor, Council,
required staff and limited citizen attendance, to best protect the health of the public and employees due
to the Covid-19 restrictions on Tuesday, September 15, 2020 at 6:30 p.m., physically present in the
Auditorium of the Memorial Building, 200 E. 7th Street, Portales, NM in full conformity with the rules and
regulations. Mayor Jackson called the meeting to order and asked the City Clerk to call roll. Those
Councilors present and constituting a quorum were:
MAYOR: Ronald L. Jackson
MAYOR PRO-TEM: Michael G. Miller
COUNCIL MEMBERS: Daniel W. Boan Michael James “Jim” Lucero
Veronica A. Cordova Dianne Y. Parker (absent)
Chadrick Heath Heflin Oscar H. Robinson
Jake J. Lopez
STAFF PRESENT: Sammy Standefer, City Manager John DeSha, Public Works Dir.
Joan Martinez-Terry, City Clerk Christine A. Mitchell, I.T. Tech
Marilyn Rapp, Finance Director Steve Doerr, City Attorney
Veda Urioste, Deputy City Clerk T.J. Cathey, Fire Chief
Susan Baysinger, PW Cap. Proj. Adm Pat Gallegos, Police Chief
Chris Williams, Deputy Police Chief
OTHERS PRESENT: Jerry DeSha Adolpho Cordova
Nancy Stressman, DAR Caitlyn Stressman, DAR
Darrelyn McCloud Krista Jones
Jasmine Johnson
Mayor Jackson asked Councilor Robinson to give the invocation and Mayor Jackson led the Pledge of
Allegiance and the Salute to the New Mexico flag.
(A) MINUTES OF PREVIOUS MEETING(S):
1. Regular Meeting held September 1, 2020.
Mayor Jackson asked the Council to review the regular minutes of September 1, 2020. He asked for
corrections or additions to the minutes. Mayor Jackson asked the pleasure of the Council. Councilor
Lucero made the motion to approve the minutes of the regular meeting held September 1,
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2020. Councilor Heflin seconded the motion. All Council members present voted in favor of
the motion. No abstentions. Motion carried.
(B) PROCLAMATION DECLARING SEPTEMBER 17 – 23, 2020 AS “CONSTITUTION WEEK IN
PORTALES, NEW MEXICO” El PORTAL CHAPTER OF THE NATIONAL SOCIETY OF THE
DAUGHTERS OF THE AMERICAN REVOLUTION
Mayor Jackson read the proclamation aloud declaring September 17 – 23, 2020 as “Constitution Week in
Portales, New Mexico.” Mayor Jackson invited Mrs. Nancy Stressman to come forward to receive the
proclamation and asked her to say a few words. Mrs. Stressman thanked the Mayor and Council on
behalf of the Daughters of the American Revolution for the respect shown in honoring the constitution at
this meeting.
(C) PROCLAMATION DECLARING OCTOBER 4 – 10, 2020 AS “FIRE PREVENTION WEEK IN
PORTALES, NEW MEXICO”
Mayor Jackson asked Fire Chief Cathey to come forward to receive the proclamation declaring October 4
– 10, 2020 as “Fire Prevention Week in Portales, New Mexico” with the theme “Serve up Fire Safety in
the Kitchen.” Mayor Jackson read the proclamation aloud to those present. Mayor Jackson stated that
the proclamation encourages fire safety in the community. He presented the proclamation to Fire Chief
T.J. Cathey and asked him to say a few words. Chief Cathey told the Council that the events for the
children of the community that normally take place during fire prevention week are not possible due to
the ongoing pandemic response. He stated that this year the firemen would hand out videos. He
reminded everyone to change the batteries in their smoke alarms.
(D) RATIFICATION OF FINANCE DEPARTMENT’S ACTIONS ON BILLS FOR AUGUST 2020
Mayor Jackson asked Finance Director Marilyn Rapp to present the bills for August 2020. Mrs. Rapp told
the Council that the bills for the month of August were in the amount of $1,551,330.20. She stated that
the bills included large expenditures of $139,555.85 out of the Fire Fund for construction expenditures for
the new Fire Substation; $253,936.05 for grant funded runway construction out of the Airport Fund; and
$186,237.00 for the small business Covid-19 Relief Program from the Economic Development Fund. Mrs.
Rapp asked for questions and approval of the bills.
August 2020
Pooled Cash Fund 999 $1,551,330.20
Mayor Jackson asked the pleasure of the Council. Mayor Pro-Tem Miller made the motion to
approve the bills for August 2020 as presented. Councilor Heflin seconded the motion. All
Council members present voted in favor of the motion. No abstentions. Motion carried.
(E) APPROVAL OF JOINT POWERS AGREEMENT (JPA) UTE RESERVOIR WATER COMMISSION
Mayor Jackson introduced the request for approval of the Joint Powers Agreement (JPA) with the Ute
Reservoir Water Commission and asked City Manager Standefer to present. Mr. Standefer told the
Council that this JPA is the one that originally formed the Commission and is different from the one with
the Eastern New Mexico Water Utility Authority. This is the group that helped negotiate with the
Interstate Streams Commission (ICS). The JPA was redone this year due to some entities dropping out.
Mayor Jackson commented that the Village of Melrose, Curry County and Roosevelt County were the
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entities that dropped out, which changed the agreement. Mr. Standefer stated that the fees are the
same as they were 10 years ago and that the Commission will negotiate with the ISC for another 10
years for the same fee. Councilor Lucero asked if the City of Portales could get a bigger allocation. City
Manager Standefer responded that the allocation would have been based on a formula utilizing water
usage from a set amount. He commented any changes to the allocation of water would have to be
purchased from another entity and would have to be authorized. Mayor Jackson commented that any
purchase of allocation would have to be approved by all the members of the Commission. He stated that
when Melrose wanted to transfer their allocation to the City there was some pushback from Curry
County. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to
approve the JPA with the Ute Reservoir Water Commission as presented. Councilor Cordova
seconded the motion. All Council members present voted in favor of the motion. No
abstentions. Motion carried.
(F) RESOLUTON #20-21-10, ADOPTING THE FY 2022-2026 INFRASTRUCTURE CAPITAL
IMPROVEMENTS PLAN (ICIP)
Mayor Jackson introduced Resolution #20-21-10, Adopting the FY 2022-2026 Infrastructure Capital
Improvements Plan (ICIP). He asked Public Works Director John DeSha to present the resolution. Mr.
DeSha told the Council that this resolution formalizes the work done to prepare the ICIP and the public
hearing held at the previous Council meeting. Mayor Jackson commented that the ICIP includes the
changes proposed regarding adding the servers and cost during the public hearing. Mayor Jackson asked
the pleasure of the Council. Councilor Lucero made the motion to adopt Resolution #20-21-10,
adopting the ICIP as presented. Councilor Boan seconded the motion. Roll call vote by all
Council members present resulted in unanimous support of the motion. No abstentions.
Motion carried.
(G) REQUEST FOR APPROVAL TO DELETE POLICE DEPARTMENT ELAPSED RECORDS IN
ACCORDANCE WITH RESOLUTION #18-19-21, MUNICIPAL CLERKS RECORDS RETENTION
POLICY
Mayor Jackson asked Chief Gallegos to present the request for approval to delete Police Department
records in accordance with the Municipal Clerks records retention policy. Chief Gallegos presented the
request to delete old bodycam video for 2015, 2016 and 2017. He stated that the records were held for
3 years (longer than the 90 days (3 months) the law required). He further reported that the bodycam
video to be deleted are not attached to any active case. He stated any record attached to an active case
have been retained. Councilor Lucero asked why the bodycam video was kept longer than required.
Chief Gallegos responded that this was due to the request by the New Mexico Municipal League since
they paid for the bodycam. Mayor Pro-Tem Miller asked about the requirements under the new bodycam
law. Chief Gallegos responded that the new law requires keeping records for 120 days (4 months). He
commented that deleting the records requested will free up a lot of storage space. He stated that the
League is looking at the bodycam law because there is no way to redact or monitor the videos. Mayor
Pro-Tem Miller commented that the NM Self-Insurer’s Fund will be trying to assist municipalities with cost
caused by the new law. He stated that the Fund will be looking to help with the cost of bodycams and
possibly storage. Mayor Jackson asked the pleasure of the Council. Councilor Boan made the
motion to approve the request to delete Police Department elapsed records as requested in
accordance with the Municipal Clerks records retention policy. Councilor Robinson seconded
the motion. All Council members present voted in favor of the motion. No abstentions.
Motion carried.

(J) OTHER BUSINESS/CITIZENS TO BE HEARD
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Any matter not known about or which could not have been reasonably foreseen prior to the time of
posting of the agenda. A public body shall only act on items appearing on the agenda:
Mayor Jackson asked for comments from the assembly.
Comments/Questions from Council:
Comments/Questions from Audience:
Derrylyn McCloud introduced himself and a group called “All in Portales.” He stated that the group is
interested in being or providing a positive outlet for minorities. Mayor Jackson thanked him for his input.
Report from City Manager: Mr. Standefer told the council that claims had been filed for hail damage to
roofs on City buildings. He added that he had hired a consultant for help with filing of claims for the
damage to roofs.
Mr. Standefer reported that the City had applied for CARES grant funds in the amount of $250,000 and
received a grant for $109,000. He stated that the City will have to attend a training session to learn the
process to request reimbursement of costs.
Comments/Reports from Council:
Code Violations
Councilor Cordova reported on junk and trash on the property at the corner of Ivy and N. Avenue A. City
Manager stated that he would work with code enforcement to deal with the violations at the property.
Traffic Concerns
Councilor Boan reported that he had been contacted by residents of the area around University and
Avenue about people speeding. He stated that the residents have requested speed bumps. Councilor
Robinson stated that he had been contacted about the same issue and commented that the concern is
that kids playing outside are in danger. He asked for more diligence on patrolling the area and that a
speed limit sign would help. He added that this could be one of our major traffic arteries in the City. City
Manager Standefer said that he would get the team to review the traffic and make recommendations to
remediate the problem.
NMML Annual Conference
Mayor Pro-Tem Miller told the Council that he hoped that everyone had been able to participate in the
annual New Mexico Municipal League conference. He commented that it was not the same as the regular
conference but that the league had done a good job. The Mayor and Council congratulated Mayor ProTem Miller on winning the Vice-President’s race.
Water Restrictions
Councilor Lucero asked about the status of the water restrictions. Public Works Director DeSha said that
the city is doing better but not at 100%. He commented that the tanks are at 80% and that the tanks
are refilling at 80% of capacity. Councilor Lucero asked Mr. DeSha when the restrictions are planned to
be lifted. Mr. DeSha responded that the mandatory restrictions were left open-ended.
Covid-19
Mayor Jackson reported that Ms. Brezovsky sends him weekly updates on Covid-19, but that he does not
understand where the state gets the numbers to rank the communities on the Coronavirus site and
Roosevelt County is still in the red. Fire Chief Cathey commented that the state health department is
attempting to consolidate the numbers around the state—having to reconcile the larger counties with the
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smaller counties. City Manager Standefer stated that the rankings are done according to population
density.